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2026-07-06 10:51:44 -04:00

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LegalText 26 U.S.C. § 139C Certain disability-related first responder retirement payments us united_states_code code_section 26 INTERNAL REVENUE CODE 1 NORMAL TAXES AND SURTAXES 139C 26 U.S.C. § 139C current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc26@119-100.zip /us/usc/t26/s139C data/legal/raw/us/code/title-26/usc26.xml ff11782fef46cad5a8c1058c875363cd4588b507e50a198fa8b09b226e678ce8 a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4 a6a99150b836fedbf848270ea7faed8b212857c0ee5d28e347a3828977f29c48 2026-07-04 official
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26 U.S.C. § 139C - Certain disability-related first responder retirement payments

Text

(a) In general In the case of an individual who receives qualified first responder retirement payments for any taxable year, gross income shall not include so much of such payments as do not exceed the annualized excludable disability amount with respect to such individual.

(b) Qualified first responder retirement payments For purposes of this section, the term “qualified first responder retirement payments” means, with respect to any taxable year, any pension or annuity which but for this section would be includible in gross income for such taxable year and which is received—

(1) from a plan described in clause (iii), (iv), (v), or (vi) of section 402(c)(8)(B), and

(2) in connection with such individuals qualified first responder service.

(c) Annualized excludable disability amount For purposes of this section—

(1) In general The term “annualized excludable disability amount” means, with respect to any individual, the service-connected excludable disability amounts which are properly attributable to the 12-month period immediately preceding the date on which such individual attains retirement age.

(2) Service-connected excludable disability amount The term “service-connected excludable disability amount” means periodic payments received by an individual which—

(A) are not includible in such individuals gross income under section 104(a)(1),

(B) are received in connection with such individuals qualified first responder service, and

(C) terminate when such individual attains retirement age.

(3) Special rule for partial-year payments In the case of an individual who only receives service-connected excludable disability amounts properly attributable to a portion of the 12-month period described in paragraph (1), such paragraph shall be applied by multiplying such amounts by the ratio of 365 to the number of days in such period to which such amounts were properly attributable.

(d) Qualified first responder service For purposes of this section, the term “qualified first responder service” means service as a law enforcement officer, firefighter, paramedic, or emergency medical technician.

(Added Pub. L. 117328, div. T, title III, § 309(a), Dec. 29, 2022, 136 Stat. 5345.)

Notes

Editorial Notes

Prior ProvisionsA prior section, added Pub. L. 1115, div. B, title III, § 3001(a)(15)(A), Feb. 17, 2009, 123 Stat. 465; amended Pub. L. 111144, § 3(b)(5)(B), Mar. 2, 2010, 124 Stat. 44, related to COBRA premium assistance, prior to repeal by Pub. L. 115141, div. U, title IV, § 401(d)(7)(C), Mar. 23, 2018, 132 Stat. 1212.

Statutory Notes and Related Subsidiaries

Effective DatePub. L. 117328, div. T, title III, § 309(c), Dec. 29, 2022, 136 Stat. 5346, provided that: “The amendments made by this section [enacting this section] shall apply to amounts received with respect to taxable years beginning after December 31, 2026.”